Disposed

Mohd. Aarif v. State of U.P. and Another

Allahabad HC7 Feb 2023ABAIL/1370/2023

Case brief

AI extract

What is this about?

The High Court disposed of an anticipatory bail application where the applicant voluntarily withdrew the prayer. The court directed the applicant to surrender within four weeks and to file a regular bail application pursuant to the Apex Court guidelines in Satender Kumar Antil, declaring that no coercive action would be taken during this period.

What did the court decide?

Awarded four weeks for surrender; regular bail application to be decided according to Satender Kumar Antil guidelines; no coercive action in interim.

Mohd. Aarif Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 77

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1370 of 2023

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Applicant :- Mohd. Aarif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajneesh Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Rajneesh Kumar Sharma, learned counsel for applicant and Mr. Amit Singh Chauhan, learned A.G.A. for State.

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The present application has been moved seeking anticipatory bail in to Case Crime No.13 of 2022, under Sections 420, 406, 323, 504, 506, 120-B I.P.C., P.S. Bhojpur, District-Moradabad with the prayer that in the event of arrest, applicant may be released on bail.

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At the very outset, learned counsel for the applicant confined his relief on the aforesaid prayer and submits that applicant is ready and willing to surrender before the Court below, therefore, the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825 .

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Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

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In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within four weeks from today and in case a regular bail application is filed, the same be decided in view of the law laid down by the Supreme Court in case of Satender Kumar Antil (supra) .

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For the period of four weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant, in the above case.

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With the above observations and directions, this application is disposed of .

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Order Date :- 7.2.2023

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Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Mohd. Aarif v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohd. Aarif v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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